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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been married since 1992 when my husband and I started

Customer Question

I have been married since 1992 when my husband and I started a business which orginally ran from my home. i have been there all these years. Now as we are getting divorced he is saying that I must resign my job. Whilst he paid me little in comparison to him and also now his daughter he taking thebulk of the money, he is saying I shoudl resign but he will only give me small maintenance saying I can work elsewhere at the age of 56. My employment prospects are not great at that age. I also had a free range role being the wife of the owner. Time off to look after our son etc. Is he allowed to make me resign without paying me at least 2 years compensation plus my maintenance for standard of living? If i were working elsewhere I would still have a job now. He earns and has taken out 200,000 a year with my car and perks I am at 48,000 before tax. We are talking about me getting some of the business value but only if it were sold. I maintain he cannot let me go without at least ensuring my wages plus the extra for standard of living . re he took out more out of teh company and paid the household bills whilst I paid groceries and all my son's concerns.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. Just a bit more information required to fully assist you:-How old is he?-How long have you been married?-How old are your children, and their arrangements?-What other assets do you both have, both joint and sole, including pensions and values?
Customer: replied 1 year ago.
I am 56 he is 67 My son is 20 years old and is at University. We have been estranged for nearly 3 years. We have the family home . He has bought himself an apartment. ( with payment taken from our pension fund) The pension fund is worth(###) ###-####with a mortgage of about 150,000 left on it. But I won't retire until 67 and need to work. He own the business as well as some businesses in Canada and the US which he refuses to admit are his. We are waiting for a second valuation which will put business value at anywhere from 1 million to 3 million. He says he will sell but I doubt it as right now he has a very nice expense account travels everywhere and drives a very high end car and it pays him or can pay 130,000 to 250,000 a year. Of course he decreased his salary and is pleading poverty. I have been left 3 years or more only on my salary and he is supposed to pay household bills but he is not paying some and on my salary I can't. House 1.6 mill less a 628,000 mortgage apartment 705,000 less a 455,000 mortgage business 1 to 2 million. pension fund net of mortgage about 1.1 million.
Customer: replied 1 year ago.
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Expert:  Harris replied 1 year ago.
Thank you. Firstly he cannot legally force you out of the business. Secondly, as part of a divorce you will need to reach a financial settlement, initially this should be attempted through mediation - you can find independent mediators here: If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).If mediation does not progress you should then proceed with an application to court under Form A for financial relief.You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. Given your age and the length of marriage the court will also likely agree to equalise both your pensions to ensure your needs ar met on retirement. The criteria considered is:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you